Jordan v. Sherwood
New York Supreme Court
The defendants, having succeeded in their defence, asked for a rule for costs against a party who was the real plaintiff in the cause, although the suit was prosecuted in the name of another.
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The defendants, having succeeded in their defence, asked for a rule for costs against a party who was the real plaintiff in the cause, although the suit was prosecuted in the name of another. The motion was opposed on the ground that the party sought to be charged did not become interested in the suit until after its commencement, and that costs to a considerable amount having been made previous to such interest accruing, he at all events ought not to be subjected to the payment of such costs.
1Opinion of the Court
By the Court,
Sutherland, J.
The party in interest is liable for the costs, as well those made before as after his interest accrued. Where a party takes an assignment of a demand in suit, he tabes it cum onere, entitled to the benefits and subject to the liabilities of the assignor.
Motion granted.
2Cited by6 opinions
- Miller v. AdsitNew York Supreme Court · 1837
- Miller v. FranklinNew York Supreme Court · 1839
- Genet v. . DavenportNew York Court of Appeals · 1874
- Scott v. JohnSupreme Court of Alabama · 1849
- Gambers ex rel. Parry v. Robinson, Pennsylvania Court of Common Pleas, Dauphin County1854
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